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1990-08-15 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - AUGUST 15, 1990 MINUTES I. CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by Chairperson Robin Heinrichs on August 15, 1990 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Others Present: Robin Heinrichs, Chairperson Linda Freed, Director Jon Aspgren Community Development Dept. Bruce Barrett Patricia Eads, Secretary Wayne Coleman Community Development Dept. Jon Hartt Commissioners Absent: Tom Hendel, Excused Jody Hodgins, Excused A quorum was established. III. APPROVAL OF AGENDA Staff reported the following additions to the agenda: IX COMMUNICATIONS E) Letter dated August 1, 1990, to Beverly Jones from Bob Scholze, re: Lot 1, U.S. Survey 3099 (Harding Mobile Home Park) - Accessory buildings in road right-of-way and front yard setback. F) Letter dated August 9, 1990, to Byron Pierce from Bob Scholze, re: Lot 19, Block 50, East Addition (1522 Baranof Street) and Lot 8A, Block 1, Southeast Addition (1214 Father Herman Road) - Outdoor storage. G) Letter dated August 10, 1990, to Reynold and Mary Morris from Bob Scholze, re: Lot 1, Block 3, Monashka Bay Subdivision 2570 Monashka Bay Road) - Junk; abandoned vehicles. H) Letter dated August 7, 1990, to Linda Freed from Larry Bullis, Natural Resources Officer, State of Alaska, re: Tugidak Island. I) Letter dated August 10, 1990, to Roberto and Marie Cruz from Bob Scholze, re: Lot 24B, Block 1, Aleutian Homes KIBS227151 Page 1 of 17 P & Z Minutes: August 15, 1990 Subdivision (512 Oak Street) - Illegal dwelling; encroachment. COMMISSIONER COLEMAN MOVED TO ACCEPT the agenda with the additions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING r-- COMMISSIONER COLEMAN MOVED TO ACCEPT the minutes of the July 18, 1990, Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS ARNIE SITYROCK appeared before the Commission for a clarification of when he should properly address the Commission regarding Public Hearing Item J - Case 90-051. CHAIRPERSON HEINRICHS confirmed that the proper time for comments regarding Case 90-051 was during the public hearing to be held during the consideration of Item J. There were no further audience comments. A) Case 8-87-019. Request for a six (6) month extension of a condition of approval for a previously approved subdivision of an Unsubdivided Portion of U.S. Survey 1396, creating Tract K, U.S. Survey 1396 (including Lilly Lake). Commonly known as the "Lilly Lake Land Trade." (City of Kodiak and Kodiak Island Borough and Lenhart J. Grothe) CONDITION OF APPROVAL 1. A final plat for Case S-87-019 may be filed; and a final plat for the vacation and replat of the ten (10) unsubdivided portions of U.S. Survey 1396 in Lilly Lake adjoining Russell Estates and Airpark Subdivision and the nine (9) upland portions of unsubdivided U.S. Survey 1396 adjacent to Russell Estates Subdivision and Russell Estates Second Addition shall be filed prior to August 17, 1990. [Lots 2, 3, 4, 5, and 7 of Block 3, Russell Estates and Lots 9A, 11, 12, and 13, Block 3, Russell Estates Second Addition.] LINDA FREED noted there was no further staff report. COMMISSIONER fb= MOVED TO GRANT a six (6) month extension of a condition of approval for Case S-87-019 as contained in the staff memorandum dated July 31, 1990. CONDITION OF APPROVAL 1. A final plat for Case S-87-019 may be filed; and a final plat for the vacation and replat of the ten (10) unsubdivided portions of U.S. Survey 1396 in Lilly Lake adjoining Russell Estates and Airpark Subdivision and the nine (9) upland portions of unsubdivided U.S. Survey 1396 adjacent to Russell Estates Subdivision and Russell Page 2 of 17 KIBS227152 P & Z Minutes: Aug ust 15, 1990 Estates Second Addition shall be filed prior to February 19, 1991. [Lots 2, 3, 4, 5, and 7 of Block 3, Russell Estates and Lots 9A, 11, 12, and 13, Block 3, Russell Estates Second Addition.] The motion was seconded and CARRIED by unanimous voice vote. B) Case S-88-039. Request for a one (1) year extension of the preliminary plat approval period for the subdivision of Portions of Tract D, U.S. Survey 4871, Ouzinkie Townsite, creating Lots 1 and 2, Tract D, U.S. Survey 4871, Ouzinkie Townsite. (Fran Kelso and Dan Konigsberg) LINDA FREED noted there was no further staff report. COMMISSIONER ASPGREN MOVED TO GRANT a one (1) year extension of the preliminary plat approval period (until November 18, 1991) for the subdivision of Portions of Tract D, U.S. Survey 4871, Ouzinkie Townsite, creating Lots 1 and 2, Tract D, U.S. Survey 4871, Ouzinkie Townsite and to affirm the conditions of approval contained in the staff memorandum dated July 31, 1990. CONDITIONS OF APPROVAL 1, that the applicant shall obtain sanitation approval from the Alaska Department of Environmental Conservation before submission of the final plat; 2. that the boat repair building on Lot 1 be moved to comply with the setback requirements of Title 17 of the Borough Code; 3. that one of the cabins on Lot 2 be converted to an accessory building in order to comply with the requirements of the R1--Single-family Residential Zoning District; and 4. that the following notes be placed on the final plat: A. "A setback of at least fifty (50) feet from the shoreline is required for any residential development in order to mitigate the potential tsunami hazard." B. "An easement of ten (10) feet is dedicated by this survey for the provision and maintenance of public access along the shoreline of Lots 1 and 2, Tract D, U.S. Survey 4871." The motion was seconded and CARRIED by unanimous voice vote. There were no further appearance requests. VI. PUBLIC HEARINGS A) Case S-88-029. Request for preliminary approval of the vacation of a platted fifty (50) foot wide road and utility easement from Sawmill Circle through Lots 2 and 3. Block 4, Page 3 of 17 KIBS227153 P & Z Minutes: August 15, 1990 Monashka Bay Alaska Subdivision, and of the twenty-five (25) foot wide portion of the road and utility easement across the rear lot line of Lot 3, Block 4, Monashka Bay Alaska Subdivision; and the creation of a ten (10) foot wide electrical easement along the rear lot lines of Lots 2 and 3, Block 4, Monashka Bay Alaska Subdivision. 1548 and 1626 Sawmill Circle (Postponed from the July 18, 1990 Planning and Zoning Commission regular meeting) LINDA FREED noted there was no new staff recommendation nor staff report for this item; information was previously provided to the Commission on this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HARTT MOVED TO GRANT preliminary approval of the vacation of a platted fifty (50) foot wide road and utility easement from Sawmill Circle through Lots 2 and 3, Block 4, Monashka Bay Alaska Subdivision, and of the twenty- five (25) foot wide portion of the road and utility easement across the rear lot line of Lot 3, Block 4, Monashka Bay Alaska Subdivision; and the creation of a ten (10) foot wide electrical easement along the rear lot lines of Lots 2 and 3, Block 4, Monashka Bay Alaska Subdivision. The motion was seconded and FAILED by unanimous roll call vote. Commissioners Coleman, Heinrichs, Barrett, Hartt, and Aspgren voted "no." LINDA FREED informed the audience of the appeal procedure for this matter. B) Case 90-044. Request for a variance from Section 17.54.010.0 (Height --Extension onto Public Property) of the Borough Code to permit a chain -link fence [not exceeding four (4) feet in height] which will project beyond the front lot line to the sidewalk located in the Simeonoff Street right-of-way. Lot 3, Block 53, East Addition; 1617 Simeonoff. (Thomas and Marie Finn) LINDA FREED indicated 31 public hearing notices were mailed for this case and 2 were returned in favor of this request. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER BARRETT MOVED TO GRANT a variance from Section 17.54.010.0 of the Borough Code to permit a chain -link fence [not exceeding four (4) feet in height] which will project Page 4 of 17 KIBS227154 P & Z Minutes: August 15. 1990 beyond the front lot line to the curb located in the Simeonoff Street right-of-way adjoining Lot 3, Block 53, East Addition; subject to the conditions of approval contained in the staff report dated July 31, 1990; and to adopt the findings contained in the staff report dated July 31, 1990, as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. The property owner must obtain approval for the fence from the City of Kodiak prior to issuance of a Zoning Compliance Permit. 2. The fence is constructed at the applicants' sole expense. 3. The applicants assume any liability associated with said fence on City -owned property. 4. If at a future time the City determines that the fence must be removed from the City owned right-of-way, the applicants, or any subsequent owner of Lot 3, Block 53, East Addition, agree to remove the fence without cost to the City. 5. Since the land is publicly owned, no prescriptive right accrues to the user. 6. Construction of the fence shall be in such a manner as not to reduce any required off-street parking. 7. The fence must not interfere with street cleaning or maintenance. FINDINGS OF FACT 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development which generally do not apply to other properties in the same land use district. The exceptional condition applicable to the intended use of the property is largely a perceptual one. Typically, residential property owners assume that all the land out to the sidewalk or roadway edge is their "yard," and that they should be able to erect a fence of reasonable height around that yard. In addition, if the fence was built along the property lines, strips of City property would remain outside the fence. It is possible that the City property would not be maintained by the adjacent property owner. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships Strict application of the zoning ordinance would only allow the fence to extend to the front property line. This is an unnecessary hardship when many other fences in the community have been permitted to encroach on the public rights -of -way without first receiving a variance. Also, the Commission has granted numerous variances in the past for fences to project into the road rights -of -way. Page 5 of 17 KIBS227155 P & Z Minutes: August 15, 1990 3. The Granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Granting of the variance will not be detrimental to the public's health, safety, or welfare because a four (4) foot fence along the Simeonoff Street right-of-way will not pose a line -of -sight problem. Also, the conditions of approval will insure that any future removal of the fence will not result in a cost to the public. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variance will not be contrary to the objectives of the Comprehensive Plan which identifies this area for Medium Density Residential Development. In general, comprehensive plans do not address minor developments such as fences. In addition, the construction of this fence will not change the permitted residential land use. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. In this instance, actions of the applicant have not caused the conditions from which relief is being sought by a variance. The variance request will be decided prior to construction of the fence. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Fences are permitted in all land use districts. The motion was seconded and CARRIED by unanimous roll call vote. Q Case 90-045. Request for a variance from Section 17.20.030.A.4 (Area Requirements) of the Borough Code to permit the construction of a thirty by seventy (30 x 70) foot four- plex on a lot which is 270 square feet short of the minimum required lot area of 8,000 square feet in a R-3--Multifamily Residential Zoning District. Lot 9E, Block 6, Miller Point Subdivision First Addition; 4063 Rezanof Drive East. (Dane and Alayne Larsen) LINDA FREED indicated 26 public hearing notices were mailed for this case and 2 were returned stating conditional non - objection to this request. Staff provided the Commission with findings of fact for both approval and denial of this request. CHAIRMAN HEINRICHS noted that he had received a telephone call expressing objection to this request due to off-street parking considerations. Regular Session Closed. KIBS227156 Page 6 of 17 P & Z Minutes: August 15, 1990 Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER BARRETF requested clarification of the lot size r-. variance from staff. Linda Freed clarified the variance request. COMMISSIONER HARTT MOVED TO GRANT a variance from Section 17.20.030.A.4 of the Borough Code to permit the construction of a thirty by seventy (30 x 70) foot four-plex on a lot which is 270 square feet short of the minimum required lot area of 8,000 square feet in a R3--Multifamily Residential Zoning District Zoning District on Lot 9E, Block 6, Miller Point Subdivision First Addition; and to adopt findings B1 through B6, contained in the staff report dated August 8, 1990 as "Findings of Fact" for this case; and subject to the condition of approval contained in the staff report dated August 8, 1990. CONDITION OF APPROVAL 1. A revised parking plan shall be submitted to the Community Development Department for approval prior to issuance of zoning compliance. FINDINGS OF FACT 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. B1. The exceptional physical circumstances applicable to the property or intended use of the property is the lot area and lot shape. The lot is 270 square feet smaller than the minimum lot size required to build a four-plex. Based on the proposal to build four (4) dwellings, this would be a deficiency of 67.5 square feet per dwelling unit. The lot is 530 square feet larger than the minimum required lot area for a triplex. In addition, the lot has two (2) corners where the side lot lines form acute angles with the rear lot line. These lot corners form two (2) areas that are functionally unusable either for structural development or parking. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships B2. Strict application of the zoning ordinances would not permit the development of the subject property with a four-plex residence. This would result in unnecessary hardship for the applicants as the property can provide adequate room for a four-plex structure to meet the required setbacks of the district. In addition, the applicants have indicated that it is possible to locate the necessary eight (8) off-street parking spaces on the lot without the need Page 7 of 17 P & Z Minutes: August 15, 1990 KIBS227157 for a parking variance. A revised parking plan will be required for evaluation at the time zoning compliance is requested. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. B3. Granting of the variance will not result in material damage or prejudice to other properties in the vicinity as long as all other requirements of the R3-- Multifamily Residential Zoning District are met. The lot is surrounded by multifamily residences on two of three sides. In addition, the variance will not be detrimental to the public's health, safety, and welfare. The structure will meet all current building codes and will be connected to municipal water and sewer services provided by Service District #1. The lot is located on a cul-de-sac just off of Rezanof Drive which will permit vehicles to use a common access where vehicles can enter Rezanof with good visibility in both directions. 4. The aranting of the variance will not be contrary to the objectives of the Comprehensive Plan. B4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. This is due to the fact that the plan is out-of-date for this area. The trend in this area is towards multifamily 49 residential development. This trend is encouraged by the zoning in the area which is R3--Multifamily Residential. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. B5. The actions of the applicant have not caused the conditions from which relief is being sought by a variance. This variance will be decided by the Commission prior to the initiation of four-plex development. 6. That the granting of the variance will not permit a prohibited land use in the district involved. B6. Four-plexes are a permitted use in the R3-- Multifamily Residential Zoning District. The motion was seconded and CARRIED by unanimous roll call vote. D) Case S-86-027. Request for approval of a revised final plat for the subdivision of Lot 19, U.S. Survey 3101, including the vacation and replat of Lot 13, Tona Subdivision. 3540 Spruce Cape Road and 3498 Tona Lane (Archdiocese of Anchorage and Jerry Wilson and Nancy Kemp) Page 8 of 17 KIBS227158 P & Z Minutes: August 15, 1990 LINDA FREED indicated 26 public hearing notices were mailed and 1 was returned opposing this request. Staff recommended approval of this request, subject to conditions. LINDA FREED noted that a supplemental staff report was provided to the Commission prior to the beginning of the meeting and that she had had a telephone conversation with Ernie Thompson, Engineering Coordinator at Kodiak Electric Association late in the afternoon. Mr. Thompson had pulled the original plat which she had copied and distributed to the Commission prior to the beginning of the meeting. Mr. Thompson stated that KEA could place their utility lines within the existing "water and sewer utility easement" if the easement were renamed "utility easement." Therefore, staff recommended that condition of approval number five be deleted and replaced with a new condition of approval number five which states "Rename the existing 'water and sewer utility easement' to 'utility easement'." Regular Session Closed. Public Hearing Opened: CHAIRMAN HEINRICHS read the public hearing notice response from Keith and Aileen Hediger, objecting to the request, into the record. SUSAN HAMILTON, prospective owner of Lot 19B, appeared before the Commission and expressed support for this request. MARJORIE THERA, prospective owner of Lot 19C, appeared before the Commission and expressed support for this request. TOM HEALY, representing the Archdiocese of Anchorage, appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER COLEMAN MOVED TO GRANT preliminary approval to the revised plat for the subdivision of Lot 19, U.S. Survey 3101, including the vacation and replat of Lot 13, Tona Subdivision, creating Lots 19A, 19B, and 19C, U.S. Survey 3101 and Lot 13A, Tona Subdivision; adopting the findings contained in the staff report dated August 15, 1990, as "Findings of Fact" for this case; and subject to the following conditions of approval: CONDITIONS OF APPROVAL 1. Relocate the accessory building on proposed Lot 19A to a legal location on a lot with a main structure prior to final approval or remove the building from the site entirely. 2. Obtain plat approval from the Alaska Department of Environmental Conservation prior to final approval of the plat. 3. Connect the dwelling located on proposed Lot 19C to the municipal sanitary sewer system prior to final approval of the plat. Page 9 of 17 KIBS227159 P & Z Minutes: August 15,1990 4. Obtain a waiver from the Kodiak Island Borough Engineering and Facilities Department for the sewer service connection easements serving proposed Lots 19A and 19B which are located on proposed Lot 19C. 5. Rename the existing "water and sewer utility easement" to "utility easement." FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat is generally consistent with adopted Borough plans and provides a subdivision of land that supports those plans. 4. Approval of this plat by the Kodiak Island Borough Planning and Zoning Commission does not necessarily mean that development of the property complies with State and Federal regulations which may also be applicable. The motion was seconded and CARRIED by unanimous roll call vote. E) Case 90-046. Proposed revisions to Chapters 17.51 (Accessory Buildings) and 17.52 (Agricultural Buildings) of the Borough Code. LINDA FREED noted that she had provided the Commission with a memorandum outlining the reorganization of Title 17 and requested that the Commission review the memorandum and inform her if they agree or disagree with the proposed reorganization of Title 17. Staff recommended that two (2) public hearings be held prior to any revisions being forwarded to the Assembly for consideration. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened, COMMISSIONER COLEMAN MOVED TO POSTPONE action on Case 90-046 until the September regular meeting in order to hold a second public hearing on the proposed revisions to Chapter 17.51 (Accessory Buildings) and Chapter 17.52 (Agricultural Buildings). The motion was seconded and CARRIED by unanimous voice vote. KIBS227160 Page 10 of 17 P & Z Minutes: August 15, 1990 F) Case 90-047. Proposed revisions to Chapter 17.60 (Signs) of the Borough Code. LINDA FREED reviewed the proposed revisions and noted that staff recommended that two (2) public hearings be held prior to any revisions being forwarded to the Assembly for consideration. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO POSTPONE action on Case 90-047 until the September regular meeting in order to hold a second public hearing on the proposed revisions to Chapter 17.60 (Signs). The motion was seconded and CARRIED by unanimous voice vote. G) Case 90-048. Proposed revisions to Chapter 17.57 (Off-street Parking) of the Borough Code. LINDA FREED reviewed the proposed revisions and noted that staff recommended that two (2) public hearings be held prior to any revisions being forwarded to the Assembly for consideration. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HARTT MOVED TO POSTPONE action on Case 90-045 until the September regular meeting in order to hold a second public hearing on the proposed revisions to Chapter 17.57 (Off-street Parking). The motion was seconded and CARRIED by unanimous voice vote. I� Case 90-049. Proposed revisions to Chapter 17.54 (Fences and Walls) of the Borough Code. LINDA FREED reviewed the proposed revisions and noted that staff recommended that two (2) public hearings be held prior to any revisions being forwarded to the Assembly for consideration. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. KIBS227161 Page 11 of 17 P & Z Minutes: August 15, 1990 COMMISSIONER COLEMAN MOVED TO POSTPONE action on Case 90-049 until the September regular meeting in order to hold a second public hearing on the proposed revisions to Chapter 17.54 (Fences and Walls). The motion was seconded and CARRIED by unanimous voice vote. 1) Case 90-050. Proposed revisions to Chapter 17.40 (Projections into Required Yards) of the Borough Code, LINDA FREED reviewed the proposed revisions and noted that staff recommended that two (2) public hearings be held prior to any revisions being forwarded to the Assembly for consideration. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO POSTPONE action on Case 90-050 until the September regular meeting in order to hold a second public hearing on the proposed revisions to Chapter 17.40 (Projections into Required Yards). The motion was seconded and CARRIED by unanimous voice vote. J) Case 90-051. Proposed revisions to Chapter 17.53 (Recreational Vehicle Parks) of the Borough Code. LINDA FREED reviewed the proposed revisions and noted that staff recommended that two (2) public hearings be held prior to any revisions being forwarded to the Assembly for consideration. Regular Session Closed. Public Hearing Opened: ARNIE SITYROCK, resident of Spruce Cape Road, appeared before the Commission and expressed support for being allowed to live in a recreational vehicle on one's own property while one is building one's home. Mr. Shyrock also noted that the proposed language was unclear regarding sanitary wastewater disposal stations and that the 21 day limit for visitors could be interpreted to mean that if you resided on Kodiak you could not legally take a recreational vehicle to Pasagshak for camping. Public Hearing Closed. Regular Session Opened. The Commission and staff discussed the proposed revisions. COMMISSIONER COLEMAN MOVED TO POSTPONE action on Case 90-051 until the September regular meeting in order to hold a second public hearing on the proposed revisions to Chapter 17.53 (Recreational Vehicle Parks). Page 12 of 17 KIBS227162 P & Z Minutes: August 15, 1990 The motion was seconded and CARRIED by unanimous voice vote. K) Case 90-052. Proposed deletion of Chapter 17.73 (Contract Zoning) of the Borough Code. LINDA FREED noted that staff recommended that the Commission take action on the proposal at the August 15, 1990, regular meeting. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO RECOMMEND that the Kodiak Island Borough Assembly repeal Section 17.73 (Contract Zoning) of the Borough Code. The motion was seconded and CARRIED by unanimous roll call vote. L) Case 90-053. Proposed revisions to Chapter 17.42 (Additional Setback Requirements) of the Borough Code. LINDA FREED reviewed the proposed revisions and noted that staff recommended that two (2) public hearings be held prior to any revisions being forwarded to the Assembly for consideration. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO POSTPONE action on Case 90-052 until the September regular meeting in order to hold a second public hearing on the proposed revisions to Chapter 17.42 (Additional Setback Requirements). The motion was seconded and CARRIED by unanimous voice vote. VII. OLD BUSINESS A) Case 90-036. Findings of Fact in support of the denial of a variance from Section 17.18.050 (Yards) of the Borough Code to permit a twelve by twelve (12 x 12) foot accessory building to project no more than three (3) feet into the Baranof Street right- of-way in a Rl--Single-family Residential Zoning District. Lot 18, Block 50, East Addition; 1529 Baranof (Harry and Charlotte Mickelson) (Postponed from the July 18, 1990 Planning and Zoning Commission regular meeting) KIBS227163 Page 13 of 17 P & Z Minutes: August 15, 1990 COMMISSIONER BARRETT MOVED TO ADOPT the findings contained in the staff memorandum dated July 23, 1990, as "Findings of Fact" for Case 90-036. FINDINGS OF FACT 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development r-- which enerally do not apply to other properties in the same land use district. The exceptional physical circumstance applicable to the property is the nonconforming lot size. Because there is room in the rear yard, however, it appears that the property owners have some opportunity to develop an accessory building in this location. There are many nonconforming lots in the Rl--Single-family Residential Zoning District which have accessory buildings located in otherwise small rear yards. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships Strict application of the Zoning Ordinance would require the applicant to relocate the accessory building to a legal location within the setback requirements of the lot or to remove the building altogether. Accessory buildings are traditionally located in the side or rear yard of a lot. Because the property owners have an opportunity to develop an accessory building in the rear yard, denial of a variance to locate a twelve by twelve (12 x 12) foot accessory building in the front yard does not constitute a practical difficulty or unnecessary hardship. 3. The arantina of the variance will not result in material damaLres or prejudice to other properties in the vicinity nor be detrimental to the public's health safety and welfare. Granting of the variance would be prejudicial to other properties in the area as the location of the accessory building could affect the sight distance for vehicles backing out of the subject lot. Inadequate clearance to see the sidewalk and right-of-way beyond the accessory building is a hazard to children on the sidewalk and traffic along the street. As a result, granting of the variance would be detrimental to the public's health, safety, and welfare. 4. The Granting of the variance will not be contrary to the objectives of the Comprehensive Plan Granting of the variance will not be contrary to the objectives of the comprehensive plan. The comprehensive plan does not address minor structural developments such as accessory buildings. The main use of the property for residential purposes is consistent with the comprehensive plan. This use, or the density of development, will not change as a result of this variance request. Page 14 of 17 KIBS227164 P & Z Minutes: August 15, 1990 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. In this instance, actions of the appellant have caused the conditions from which relief is being sought by a variance. This is due to the fact that the building was placed in its present location prior to the granting of the variance. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Accessory buildings are permitted in all residential land use districts. The motion was seconded and CARRIED by unanimous voice vote. B) Case 90-042. Findings of Fact in support of the denial of a request to rezone Lots 1, 2, and 3, Block 13, Aleutian Homes Subdivision from R2--Two-family Residential to B--Business in accordance with Section 17.72.030 (Manner of Initiation) of the Borough Code. 418, 420, and 422 Lower Mill Bay Road (Ronald and Phyllis Williams; Lynda Grimstad) (Deferred from the July 18, 1990 Planning and Zoning Commission regular meeting) COMMISSIONER ASPGREN MOVED TO ADOPT the findings contained in the staff memorandum dated July 23, 1990, as "Findings of Fact" for Case 90-042. FINDINGS OF FACT 1. Findings as to the Need and Justification for a Change or Amendment. The rezone of Lots 1, 2, and 3, Block 13, Aleutian Homes Subdivision from R2--Two-family Residential to B-- Business is not necessary and justified because the B-- Business Zoning District permits development that: A. will negatively affect the traffic flow along Mill Bay Road until such time as the road is upgraded to adequately handle the ingress and egress traffic from the U.S. Post Office across the street, and; B. will generate traffic to and from the lots which would be detrimental to traffic safety along Mill Bay Road until such time as the sight distance is improved by realigning Mill Bay Road along the front of the subject lots, and; C. will permit a wide range of land uses that may be suitable for this area in the future, but without a definite development plan, may result in land uses that conflict with the surrounding residential development. KIBS227165 Page 15 of 17 P & Z Minutes: August 15, 1990 2. Findinas as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The 1968 Kodiak Island Borough Comprehensive Plan shows this area to be Residential--R2. The requested B-- Business Zoning District is inconsistent with the comprehensive plan due to the wide range of land uses permitted in this district which are not consistent with the Residential--R2 plan designation. While it seems that the development trends in the area may eventually make it appropriate for business development on the subject lots, it is not appropriate at this time to encourage such development by the granting of this rezone. The motion was seconded and CARRIED by unanimous voice vote. There was no further old business. VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS COMMISSIONER HARTT MOVED TO ACKNOWLEDGE RECEIPT of items A through I of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Copy of "An act relating to forest resources and practices and to the management of forest lands; and providing for an effective date." (enacted by the Legislature of the State of Alaska) B) Copy of a newspaper article appearing in 'The Province" on Monday, June 25, 1990, entitled: 'Vancouver's zoning laws are, well, flexible". C) Letter dated July 24, 1990, to Everett and Donna Schmelzenbach from Bob Scholze, re: Lot 3, Block 2, Leite Addition - 1514 Ismailov - Illegal dwelling. D) Letter dated July 25, 1990, to James and Kathryn Currie from Bob Scholze, re: Lot 11, Block 1, Elderberry Heights Subdivision - 1711 Selief - Illegal dwelling. E) Letter dated August 1, 1990, to Beverly Jones from Bob Scholze, re: Lot 1, U.S. Survey 3099 (Harding Mobile Home Park) - Accessory buildings in road right-of-way and front yard setback. F) Letter dated August 9, 1990, to Byron Pierce from Bob Scholze, re: Lot 19, Block 50, East Addition (1522 Baranof Street) and Lot 8A, Block 1, Southeast Addition (1214 Father Herman Road) - Outdoor storage. G) Letter dated August 10, 1990, to Reynold and Mary Morris from Bob Scholze, re: Lot 1, Block 3, Monashka Bay Subdivision 2570 Monashka Bay Road) - Junk; abandoned vehicles. Page 16 of 17 KIBS227166 P & Z Minutes: August 15, 1990 H) Letter dated August 7, 1990, to Linda Freed from Larry Bullis, Natural Resources Officer, State of Alaska, re: Tugidak Island. I) Letter dated August 10, 1990, to Roberto and Marie Cruz from Bob Scholze, re: Lot 24B, Block 1, Aleutian Homes Subdivision (512 Oak Street) - Illegal dwelling; encroachment. There were no further communications. X. REPORTS COMMISSIONER HARTT MOVED TO ACKNOWLEDGE RECEIPT of items A and B of reports. The motion was seconded and CARRIED by unanimous voice vote. A) Community Development Department Status Report, B) Community Development Department Plat Activity Report. There were no further reports. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS XM. ADJOURNMENT CHAIRPERSON HEINRICHS adjourned the meeting at 9:20 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION ATTEST By: �Z" Patricia Eads, Secretary Community Development Department DATE APPROVED: September 19, 1990. By: 4"64z.) Robin Heinrichs, Chairperson KIBS227167 Page 17 of 17 P & Z Minutes: August 15, 1990